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Fast-track Approvals Bill

Fast-track approval approvals process for eligible projects - Decisions about referral of projects and process of referral - Decision on referral application

22A: Minister's decision on referral application

You could also call this:

“Minister decides if your project can get fast approval”

You can ask the Minister to consider your project for fast-track approval. The Minister will look at your project and decide if it can be fast-tracked. Here’s how it works:

For a project with stages, the Minister needs to be sure that the whole project and each stage on its own meet the rules in [section 22B]. If you’ve suggested an alternative part of your project, either the whole project or just that part needs to meet the rules. For other projects, the whole thing needs to meet the rules.

If the Minister says yes, they might fast-track your whole project or just part of it, as explained in [section 22C].

The Minister has to say no if your project doesn’t meet the rules or if it includes something that’s not allowed.

Even if your project meets all the rules, the Minister can still say no for other reasons. These could be because your project:

  • Doesn’t fit with important agreements or laws about Māori rights
  • Should be handled under different laws
  • Might be bad for the environment
  • You haven’t followed the rules before
  • Includes land needed for Treaty settlements
  • Includes something that’s not allowed under the Resource Management Act
  • Doesn’t give enough information

The Minister can say no at any time, as long as it’s within the time limits in [section 22E].

Just because your project includes something that’s not allowed under the Resource Management Act, it doesn’t mean the Minister has to say no to fast-tracking it.

When we talk about ‘alternatives’, we mean different options for your project. A ‘staged project’ is one where you’ll ask for approval for each part separately.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS983062.

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20: Ministers Minister may request information, or

“The Minister can ask for more details about an application before making a decision”

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22B: Criteria for assessing referral application, or

“How we decide if a project can use the fast-track process”

Part 2 Fast-track approval approvals process for eligible projects
Decisions about referral of projects and process of referral: Decision on referral application

22AMinister's decision on referral application

  1. The Minister may accept a referral application if the Minister is satisfied that,—

  2. in the case of a staged project,—
    1. the whole project meets the criteria in section 22B ; and
      1. each stage of the project would meet those criteria if considered as a stand-alone project:
      2. in the case of a project for which part of the project has been proposed as an alternative,—
        1. the whole project meets the criteria in section 22B ; or
          1. the part of the project that has been proposed as an alternative would meet those criteria if considered as a project in itself:
          2. in any other case, the project meets the criteria in section 22B .

            1. If the Minister accepts a referral application, they may refer the whole or a part of the project to the fast-track approvals process in accordance with section 22C .

            2. The Minister must decline a referral application if—

            3. the application may not be accepted under subsection (1) ; or
              1. the Minister is satisfied that the project involves an ineligible activity.

                1. The Minister may decline a referral application for any other reason, whether or not the project meets the criteria in section 22B .

                2. Reasons to decline a referral application under subsection (4) include, without limitation, the following:

                3. the project would be inconsistent with any of the following:
                  1. a Treaty settlement:
                    1. the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
                      1. the Marine and Coastal Area (Takutai Moana) Act 2011:
                        1. a Mana Whakahono ā Rohe:
                          1. a joint management agreement:
                          2. it would be more appropriate to deal with the matters that would be authorised by the proposed approvals under another Act or Acts:
                            1. the project may have significant adverse effects on the environment:
                              1. the applicant has a poor compliance history under a specified Act that relates to any of the proposed approvals:
                                1. the project area includes land that the Minister for Treaty of Waitangi Negotiations considers necessary for Treaty settlement purposes:
                                  1. the project includes an activity that is a prohibited activity under the Resource Management Act 1991:
                                    1. the application contains inadequate information to inform the decision under this section.

                                      1. The Minister may decline a referral application at any time permitted by section 22E .

                                      2. To avoid doubt, the Minister is not prevented from accepting a referral application, or referring the whole or a part of a project to the fast-track approvals process, just because the project involves an activity that is a prohibited activity under the Resource Management Act 1991.

                                      3. In this section,—

                                        alternative, in relation to a project, means a part of the project that is proposed as an alternative project in itself under section 14(3)(da)

                                          staged project means a project for which the referral application states under section 14(3)(d)(ii) that a separate substantive application is to be lodged for each stage of the project.